The Supreme Court will hear arguments in the Trump administration’s case to end birthright citizenship in the United States.

President Donald Trump on Inauguration Day signed an executive order that effectively ended the ability for someone born in the United States to be considered a citizen of the nation.

Opponents of the move argue, however, his decision violates the Constitution’s 14th amendment that states “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”

But Trump’s birthright citizenship order says “the 14th Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The 14th Amendment has always excluded from birthright citizenship persons who were born in the United States but not ‘subject to the jurisdiction thereof.’ “

The high court will convene on May 15 to hear an emergency request from the Trump administration to consider whether judges overstepped their authority by filing nationwide injunctions to block Trump’s order. That case will not address the legality of the order itself.

The Trump administration in March asked the Supreme Court to allow a narrow version of the birthright executive order to proceed. The appeal concerns three injunctions brought in Maryland, Massachusetts and Washington.

Republicans have made a show of attacking “activist judges,” arguing they are using their power to benefit a political party instead of interpreting the law.

House Speaker Rep. Mike Johnson, R-La., said in March that “activist judges are a serious threat to our system.”

“It has increased in number,” he added. “It has increased in intensity. This is not the way the system is supposed to work.”

House Republicans also announced last month they would would launch The Judicial Activism Accountability Task Force to fight back against “judicial overreach.” That group planned to “unite patriots in the fight against activist judges.” It will primarily target judges who announce rulings to push back against executive orders by Trump.

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